Work and ideas

One of the more controversial figures in constitutional theory, he
is identified with the Critical
Legal Studies movement and once stated in an article that, were
he asked to decide actual cases as a judge, he would seek to reach
results that would "advance the cause of socialism".

Tushnet is a main proponent of the idea that judicial review should be strongly limited
and that the Constitution should be returned "to the people."

Tushnet has occasionally described himself as a "quasi-originalist", but has not explained precisely
what that means. He is an advocate of "popular
constitutionalism," the idea that structural political constraints,
not the Supreme Court, are sufficient to protect the rights enumerated in
the Constitution.

Taking the Constitution Away From the
Courts (Princeton University Press 1999), excerpted in Great Cases in Constitutional
Law (Robert P. George ed., Princeton University Press, 2000)
(reprinting chapter 1 in substance). Symposium of Commentaries on
this book: 34 University of Richmond Law Review 359-566
(2000).

And L. Michael Seidman et al., Teacher's Manual to The
First Amendment (Aspen Law & Business 1999).

And Francisco Forrest Martin, The Rights International
Companion to Constitutional Law: An International Human Rights Law
Supplement (Kluwer Law International 1999).

Out of Range: Why the Constitution Can't End the Battle
over Guns (Inalienable Rights).

Quotes

"This what you call a 'deep-doo-doo' problem -- if you think
the Senate will flip a coin to impeach a judge, then you're already
in deep doo-doo." (He has also referred to this as the "you're
screwed" problem.)